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(영문) 서울중앙지방법원 2015.09.17 2014가단5258062

양수금

Text

1. The Defendants jointly and severally pay to the Plaintiff KRW 305,012,296 and KRW 84,019,823 among them.

Reasons

1. Indication of claims: To be as shown in the attached Form;

[Ground of Recognition: Each entry of Gap evidence Nos. 1 through 7 (the defendant Gap claims that Gap evidence No. 2 was forged, but considering the whole purport of the pleading in Gap evidence No. 6, the authenticity of Gap evidence No. 2 has been acknowledged, and the judgment on the claim of this case has already become final and conclusive as follows.

(2) The grounds of appeal No. 1

2. The Defendants asserted that the statute of limitations has expired since 10 years have passed since the Plaintiff was sentenced by the Daegu District Court 2001Kadan87240 as to the instant claim and the judgment became final and conclusive.

According to the evidence evidence evidence Nos. 2 through 6, the trustee in bankruptcy of the Scattering Credit Cooperatives C and the Korea Deposit Insurance Corporation filed a lawsuit against the Defendants on December 18, 2001 against the Daegu District Court 2001Kadan87240 and rendered a favorable judgment from the above court on December 18, 2001. The above judgment became final and conclusive on January 15, 2002, and thereafter, the Solomon Savings Bank Co., Ltd. can recognize the fact that it acquired the above loans against the Defendants prior to the transfer of the above loans.

Meanwhile, according to the evidence evidence No. 7, on November 29, 2010, before ten years have passed since the above judgment became final and conclusive, the Solomon Savings Bank Co., Ltd. can recognize the fact that it received a claim of deposit against the defendant's third debtor bank, a collection order for the claim of deposit against the defendant's third debtor bank, etc., so the statute of limitations of the claim of this case was interrupted. Accordingly, the defendants' above assertion is without merit.